论孙中山的法治思想

On the Constitutionality of Legal Concept Approved by Sun Yat-sen

本文从法学和历史学的双重视角,对孙中山的法治思想进行考述与透析,法治是被作为与人治相对立的治国方略,内含追求巩固国本、完善政治等价值,它是法律得以完全实施的保障,其中枢机关是国会;民权是法治的基本条件,法治是民权的有力保障,二者的共同敌人是封建专制;法律与权力之间是"体"与"用"的关系;此外,司法独立和律师自由,也是孙中山追求的理想社会目标。

From the dual viewpoints of jurisprudence and history, the thesis examines and analyzes the legal concept approved by Sun Yat-sen the ides of 'ruling by law' is considered as a counterpart against the idea of 'ruling by man', which includes such value as seeks to safeguard the nation and to perfect political system. The idea of ruling by law can guarantee the full implementation of the laws in a nation. Its central institution is the congress; Promise of civil rights founds the essential premises in guaranteeing 'ruling by law' and the 'ruling by law' is a fundamental guarantee of the civil rights, the common foe of which is feudal dictatorship. The relation between law and power is actually that between 'noumenon' and 'applicability' also represent the ideal goal that Sun Yat-sen had been offered in the society of China